Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 590, Feb. 16 | Printed Page 610, Feb. 21 |
Printed Page 600 . . . . . Tuesday, February 21, 1995
MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 10, 1995
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Reappointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1994, and to expire August 15, 1998:

Chairman/At-Large:

Mrs. Rebecca K. Swindell, P.O. Box 955, Bamberg, S.C. 29003

Referred to the Committee on Labor, Commerce and Industry.

Doctor of the Day

Senator DRUMMOND introduced Dr. Stanley C. Baker, Jr. of Greenwood, S.C., Doctor of the Day.

Senator COURSON from the Committee on Invitations stated that pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:

Privilege of the Chamber and Floor

Senator MARTIN'S written request that on Thursday, March 2, 1995, the Gettys Middle School Cheerleaders be granted the Privilege of the Chamber, to that area behind the rail.

In compliance with Senate Rule 36, up to 13 persons will be behind the rail in the Senate Chamber and the remainder will be recognized from the balcony.

The report was adopted without objection.

Printed Page 601 . . . . . Tuesday, February 21, 1995
MOTION ADOPTED

Senator WILSON asked unanimous consent to make a motion that the Senate go into Executive Session prior to adjournment.

There was no objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 540 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 33, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-33-116 SO AS TO PROVIDE THAT BEGINNING NO LATER THAN AGE SIXTEEN, SPECIAL EDUCATION STUDENTS WHO GRADUATE FROM HIGH SCHOOL BY DIPLOMA, ATTENDANCE CERTIFICATE, OR WHO OTHERWISE EXIT THE PUBLIC SCHOOL SYSTEM AFTER ENTERING HIGH SCHOOL MUST BE PROVIDED AN INDIVIDUAL TRANSITION PLAN, OUTLINING TRANSITION SERVICES, WHICH SHALL ASSURE THAT THESE STUDENTS HAVE ADEQUATE INFORMATION, ACCESS TO ADULT SERVICE AGENCIES, AND A STATEMENT OF THE INTERAGENCY RESPONSIBILITIES OR LINKAGES WHICH CAN PROVIDE APPROPRIATE ASSISTIVE TECHNOLOGY DEVICES AND SERVICES TO THEM AFTER THEY EXIT THE PUBLIC SCHOOL SYSTEM.

Read the first time and referred to the Committee on Education.

S. 541 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 26, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-45 SO AS TO PROVIDE THAT A MINIMUM OF ONE CREDIT HOUR IN ASSISTIVE TECHNOLOGY TRAINING MUST BE INCLUDED IN THE RECERTIFICATION REQUIREMENTS FOR SPECIAL EDUCATION TEACHERS AND ADMINISTRATORS.

Read the first time and referred to the Committee on Education.

S. 542 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 543 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-22 SO AS

Printed Page 602 . . . . . Tuesday, February 21, 1995
TO REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES TO PREPARE A FAMILY IMPACT STATEMENT ON BILLS AND RESOLUTIONS THAT MAY HAVE A SIGNIFICANT IMPACT ON THE FAMILY AND TO REQUIRE STATE AGENCIES TO PREPARE A FAMILY IMPACT STATEMENT ON AGENCY POLICIES AND ON REGULATIONS AND TO REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES TO REPORT TO THE GOVERNOR AND TO THE GENERAL ASSEMBLY RECOMMENDATIONS TO STRENGTHEN THE INSTITUTIONS OF MARRIAGE AND THE FAMILY IN THIS STATE.

Read the first time and referred to the General Committee.

S. 544 -- Senators Lander, Setzler, Matthews and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 TO TITLE 39 SO AS TO ENACT THE "ASSISTIVE TECHNOLOGY WARRANTY ACT"; TO DEFINE TERMS; TO PROVIDE FOR EXPRESS WARRANTIES; TO PROVIDE FOR THE DURATION OF THE WARRANTIES; TO PROVIDE FOR REPAIR OF NONCONFORMITIES; TO PROVIDE FOR RETURN AND REPLACEMENT OF ASSISTIVE TECHNOLOGY DEVICES; TO PROVIDE FOR PROCEDURES FOR RETURN OF NONCONFORMING ASSISTIVE TECHNOLOGY DEVICES; TO PROVIDE FOR CALCULATION OF REFUNDS OWING TO CONSUMERS AND SECURITY INTEREST HOLDERS; TO PROVIDE PROCEDURES AND REQUIREMENTS FOR TRANSFERRING REAL AND LEGAL POSSESSION OF A NONCONFORMING ASSISTIVE TECHNOLOGY DEVICE FROM THE CONSUMER TO THE MANUFACTURER; TO PROHIBIT RESALE OF RETURNED NONCONFORMING ASSISTIVE TECHNOLOGY DEVICES WITHOUT FULL DISCLOSURE; TO PROVIDE FOR THE RETURN OR REPLACEMENT OF ASSISTIVE TECHNOLOGY DEVICES RECOMMENDED BY THE ASSISTIVE TECHNOLOGY DEVICE MANUFACTURER OR DEALER IF THE DEVICE DOES NOT MEET THE NEEDS OF THE PERSON WITH A DISABILITY; TO PROVIDE THAT THIS CHAPTER DOES NOT LIMIT ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO THE CONSUMER; TO PROVIDE THAT ANY WAIVER OF A CONSUMER'S RIGHTS UNDER THIS CHAPTER IS VOID; TO AUTHORIZE CONSUMER ACTIONS FOR DAMAGES, FEES, COSTS, AND EQUITABLE RELIEF.

Read the first time and referred to the Committee on Judiciary.

Printed Page 603 . . . . . Tuesday, February 21, 1995
S. 545 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-315 SO AS TO PROVIDE THAT EVERY ATTORNEY AT LAW, AS A CONDITION OF BEING LICENSED TO PRACTICE IN THIS STATE, SHALL ENTER INTO A BOND OR SELF-INSURANCE GUARANTEE APPROVED BY THE SUPREME COURT CONDITIONED UPON FAITHFUL PERFORMANCE OF THE ATTORNEY'S DUTIES TO CLIENTS AND THE COURTS, TO PROVIDE THAT THIS BOND OR SELF-INSURANCE GUARANTEE, AMONG OTHER PURPOSES, MUST PROTECT CLIENTS FROM LOSS ARISING FROM THE ATTORNEY'S MISUSE OR CONVERSION OF FUNDS BELONGING TO THAT CLIENT OR FOR THAT CLIENT'S BENEFIT, AND TO PROVIDE THAT THE AMOUNT AND DURATION OF THE BOND OR GUARANTEE AND THE MANNER OF ITS EXECUTION AND FILING SHALL BE SPECIFIED BY THE SUPREME COURT.

Read the first time and referred to the Committee on Judiciary.

S. 546 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 1, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.

Read the first time and referred to the Committee on Medical Affairs.

S. 547 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 56 SO AS TO PROVIDE REQUIREMENTS FOR WHOLESALE MOTOR VEHICLE AUCTIONS AND FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSE PLATES.

Read the first time and referred to the Committee on Transportation.

S. 548 -- Senators Waldrep, Courtney, Wilson, Martin, O'Dell, Moore, Courson, Hayes and Stilwell: A BILL TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,

Printed Page 604 . . . . . Tuesday, February 21, 1995
1976, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.

Senator WALDREP spoke on the Bill.

Read the first time and ordered placed on the Calendar without reference.

S. 549 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MR. KARL E. HERDE OF AIKEN WHO DIED SUNDAY, FEBRUARY 5, 1995.

The Senate Resolution was adopted.

H. 3207 -- Reps. P. Harris, J. Harris, Shissias and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.

Read the first time and referred to the General Committee.

H. 3603 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO DELETE THE REQUIREMENT TO HAVE ONLY VOLUNTEER FIREMEN WORK FOR THE DISTRICT, AND DELETE THE AUTHORITY FOR A FIVE MILL TAX LEVY FOR THE DISTRICT AND AUTHORIZE A TAX EQUAL TO THE AMOUNT LEVIED BY LEXINGTON COUNTY FOR COUNTYWIDE FIRE PROTECTION BE LEVIED FOR THE BENEFIT OF THE DISTRICT.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 3614 -- Reps. A. Young, Harrell, Cobb-Hunter, Bailey and Hutson: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE

Printed Page 605 . . . . . Tuesday, February 21, 1995
DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

REPORTS OF STANDING COMMITTEES

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 7 -- Senators Leatherman, Wilson, Rose, Rankin, Washington and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROHIBIT ISSUING OF DRIVERS' LICENSES TO RESIDENTS UNDER SEVENTEEN YEARS OF AGE WHO ARE NOT HIGH SCHOOL GRADUATES OR DO NOT HAVE A G.E.D. CERTIFICATE OR WHO DO NOT PROVIDE DOCUMENTATION THAT THEY ARE PROPERLY ENROLLED IN SCHOOL AND IN COMPLIANCE WITH ATTENDANCE REQUIREMENTS, TO REQUIRE THE ATTENDANCE SUPERVISOR OR HIS DESIGNEE TO PROVIDE ENROLLMENT STATUS DOCUMENTATION TO PERSONS AT LEAST FIFTEEN YEARS OF AGE ON A FORM PRESCRIBED BY THE STATE DEPARTMENT OF EDUCATION IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, TO REQUIRE ATTENDANCE SUPERVISORS TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF PERSONS WHO WITHDRAW FROM SCHOOL AND REQUIRE THE DEPARTMENT TO SUSPEND THE LICENSE OF SUCH PERSONS UPON TEN DAYS WRITTEN NOTICE, TO PROVIDE THE METHOD FOR A PERSON WHOSE LICENSE IS SUSPENDED TO HAVE THE LICENSE REINSTATED, TO DEFINE WITHDRAWAL FROM SCHOOL, TO PROVIDE FOR A PERSONAL OR FAMILY HARDSHIP WAIVER, AND TO PROVIDE THAT AN SR-22 DOES NOT HAVE TO BE FILED FOLLOWING REINSTATEMENT OF A DRIVER'S LICENSE SUSPENDED PURSUANT TO THIS SECTION.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 260 -- Senators O'Dell, Bryan, Elliott, Land, Leatherman, Leventis, Martin, McGill, Waldrep, Washington, Hayes, Reese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-665 SO AS TO PROVIDE THAT

Printed Page 606 . . . . . Tuesday, February 21, 1995
THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION SHALL CONSTRUCT AND MAINTAIN TURNING LANES ENTERING AND EXITING SECONDARY PUBLIC EDUCATION FACILITIES.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

S. 526 -- Senators Passailaigue, McConnell, Washington, Richter, Greg Smith, Rose and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND MEETING STREET EXTENSION CONNECTOR AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "MINER W. CROSBY CONNECTOR".

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

S. 527 -- Senators Passailaigue, McConnell, Richter, Washington, Greg Smith and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND INTERSTATE 526 INTERCHANGE AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "LONNIE HAMILTON III INTERCHANGE".

Ordered for consideration tomorrow.

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Christian Coalition to attend a breakfast in Room 208 of the Blatt Building on Wednesday, March 1, 1995, from 8:00 until 9:00 A.M.

Printed Page 607 . . . . . Tuesday, February 21, 1995
Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Wilson           Thomas

Patterson         Stilwell         O'Dell

Passailaigue

TOTAL--7

NAYS
TOTAL--0


NOT VOTING


Peeler            Matthews         Russell

TOTAL--3



Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Federation for Older Americans to attend a luncheon at the
Adam's Mark Hotel on Tuesday, March 7, 1995, from 1:00 until 2:15 P.M.

Poll of the Invitations Committee



Ayes 8; Nays 0; Not Voting 2


AYES



Courson           Wilson           Matthews

Thomas            Patterson        Stilwell

Russell           Passailaigue

TOTAL--8


NAYS


TOTAL--0







Printed Page 608 . . . . . Tuesday, February 21,
1995




NOT VOTING


Peeler            O'Dell

TOTAL--2



Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Optometric Association to attend a reception at the
Embassy Suites Hotel on Tuesday, March 7, 1995, from 6:30 until 9:00 P.M.

Poll of the Invitations Committee



Ayes 8; Nays 0; Not Voting 2


AYES



Courson           Wilson           Matthews

Thomas            Patterson        Stilwell

Russell           Passailaigue

TOTAL--8


NAYS


TOTAL--0


NOT VOTING


Peeler            O'Dell

TOTAL--2



Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Summary Court Judges Association to attend a reception at
Seawell's Restaurant (State Fairgrounds) on Wednesday, March 8, 1995, from 6:00 until
8:00 P.M.






Printed Page 609 . . . . . Tuesday, February 21,
1995




Poll of the Invitations Committee



Ayes 8; Nays 0; Not Voting 2


AYES



Courson           Wilson           Matthews

Thomas            Patterson        Stilwell

Russell           Passailaigue

TOTAL--8


NAYS


TOTAL--0


NOT VOTING


Peeler            O'Dell

TOTAL--2


THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE
CALENDAR.

ORDERED ENROLLED FOR RATIFICATION


The following Joint Resolution was read the third time and having received three
readings in both Houses, it was ordered that the title be changed to that of an Act
and enrolled for Ratification:


H. 3511 -- Education and Public Works Committee:  A JOINT RESOLUTION TO APPROVE
REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND
TRAFFIC ON
THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE
PROVISIONS
OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

THIRD READING BILLS


The following Bills were read the third time and ordered sent to the House of
Representatives:


S. 126 -- Senators Land and Washington:  A BILL TO AMEND SECTION 9-8-110(2), CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER
OR



Printed Page 610 . . . . . Tuesday, February 21,
1995



 BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS,
SO AS
TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF
A MEMBER
ON HER REMARRIAGE.







 | Printed Page 590, Feb. 16
 | Printed Page 610, Feb. 21
 | 




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